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Habitat Protection

The 100-foot Buffer

A keystone of the Chesapeake Bay Critical Area Protection Program is the establishment,
preservation, and maintenance of a 100-foot, naturally vegetated, forested buffer (the Buffer)
landward from the Mean High Water Line of tidal waters or from the edge of tidal wetlands and
tributary streams. The Buffer acts as a water quality filter for the removal or reduction of
sediment, nutrients, and toxic substances found in runoff. The Buffer also minimizes the adverse
impact of human activities on habitat within the Critical Area. No disturbance of the Buffer may
be permitted by local jurisdictions unless an applicant can meet the strict provisions for a variance.

Nontidal Wetlands

Nontidal Wetlands are transitional areas between uplands and water that are covered with, or
saturated by, water for all or part of the year. Examples of nontidal wetlands are marshes,
swamps, bogs and streams that are not influenced by tidal waters. Nontidal wetlands are valuable
areas for fish and wildlife habitat, are vital to the maintenance of water quality, and provide flood
control benefits. These areas must be protected as an important component of the Chesapeake
Bay's ecosystem.

The minimum standards established by the State and adopted by the local
jurisdictions for the conservation of nontidal wetlands in the Critical Area include:

the establishment and maintenance of a vegetated buffer of 25 feet around areas identified as nontidal wetlands;

new development must not substantially damage or change the character of nontidal wetlands;

only new development that is intrinsically water-dependent, or of substantial economic benefit to the public, is allowed to disturb nontidal wetlands.

In the event of such development, measures must be taken to replace lost nontidal wetlands and to provide for water quality benefits and habitat protection equal to or greater than that provided by the original
wetlands.

Threatened and endangered species

All local jurisdictions within the Critical Area have adopted protection programs for all
federally and State endangered species and their habitat. The limited distribution of the habitats
of these endangered species make them highly susceptible to local land disturbances. The Criteria
suggest a variety of measures and approaches for the protection of these threatened and
endangered species, including designation of areas of nondisturbance around essential habitat,
establishment of conservation easements, and land acquisition.

Significant plant and wildlife habitat

The Critical Area Criteria require that protection be afforded plant and wildlife habitats
which are of significance from a state-wide or local perspective because of their rarity. Under the
Criteria, habitats identified for protection include:

colonial water bird (heron, egret, tern, etc.)
nesting areas;

aquatic areas of historic waterfowl concentration;

riparian forests (forested areas
of 300 feet in width along streams and the Bay's shoreline);

certain plant and animal communities
which are the best examples of their kind in Maryland; and,

other areas determined to be of local significance

Two approaches to habitat protection suggested by the Criteria have been adopted
by the local jurisdictions: designation of areas around significant habitats in which disturbances
are prohibited; and, protection programs which employ the acquisition of the habitat, conservation
easements, cooperative agreements with landowners, or other similar measures.

Anadromous fish spawning areas

Anadromous fish spawning waters are those tributary streams where rockfish, yellow perch, white
perch, shad, or river herring spawn, or where such spawning once occurred. These species of fish
migrate from their primary ocean habitat to spawn, or breed, in freshwater areas. Anadromous
fish are valuable recreational and commercial species, and also are an important component in the
Bay ecosystem. The Criteria protect spawning areas by providing for prohibitions on the
construction or placement of dams that would interfere with the movement of spawning fish or
their larval forms and by providing time-of-year restrictions on development activities
occurring
within or near streams. Channelization or other physical alteration, including the introduction of
artificial surfaces (riprap, etc.) are limited.